ABHISHEK SURESH UMBARKAR Vs. PRASHANT VIDHYADHARRAO DEOTALE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with consent of the parties.

(2.) This writ petition challenges the order dated 17/7/2008 passed by the Civil Judge, Senior Division on an application for permission by defendant No. 3 to file his additional written statement.

(3.) Petitioner is defendant No. 3 in Special Civil Suit No. 50 of 2006. Respondent No. 1 has instituted a suit against the petitioner and respondents No. 2 and 3 for specific performance of contract. When the said suit was instituted, the petitioner was minor. He was therefore being represented by his mother Smt. Manikbai as guardian ad litem. There were three defendants in the suit. All of them had filed joint written statement in the suit. On attaining the majority, defendant No. 3 ie. the present petitioner filed an application before the Court praying that he may be allowed to file separate written statement since he has attained the majority.